BILL NUMBER: SB 1740	CHAPTERED  09/07/00

	CHAPTER   315
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 2, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   JUNE 27, 2000
	AMENDED IN SENATE   MAY 30, 2000
	AMENDED IN SENATE   MAY 2, 2000
	AMENDED IN SENATE   APRIL 13, 2000

INTRODUCED BY   Senator Leslie
   (Principal coauthor:  Assembly Member Oller)
   (Coauthors:  Senators Alpert, Costa, and Kelley)
   (Coauthors:  Assembly Members Alquist, Campbell, Dickerson,
Florez, House, Leach, Machado, Runner, Strom-Martin, and Thomson)

                        FEBRUARY 23, 2000

   An act to amend Sections 7270, 7271, 7272, and 7273 of, and to add
Sections 7270.5 and 7272.5 to, the Food and Agricultural Code,
relating to agriculture, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1740, Leslie.  Noxious weed management.
   (1) Existing law designates the Department of Food and Agriculture
as the lead department in noxious weed management.  Existing law
creates the Noxious Weed Management Account in the Department of Food
and Agriculture Fund, and appropriates $500,000 for 3 specified
fiscal years from the General Fund for expenditure by the Secretary
of Food and Agriculture, for the purpose of managing and eradicating
noxious weeds through local weed management areas, as specified.
Existing law requires each weed management area to create a
cost-share plan, as specified.  Existing law requires the department
to establish an oversight committee, with a described membership
representation, to monitor the bill's provisions and requires the
department to report on or before April 1 of each year, as specified,
to the Legislature.
   (2) The bill would appropriate $5,000,000 from the General Fund to
the Noxious Weed Management Account, and would specify the purposes
for which these funds may be spent.  This bill would direct the
secretary and weed management areas to consider the use of the
California Conservation Corp and local conservation corps in
implementing integrated weed management plans. Additionally, this
bill would require county agricultural commissioners to submit a
cost-share integrated weed management plan with specified goals to
aggressively control noxious weeds in order to receive funds from the
account.  This bill would provide a specified formula and criteria
for the distribution of funds from this account to the specified
counties.  This bill would require that the oversight committee also
consider input from county agricultural commissioners and would
include among the members of the committee, representatives from
local government.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7270 of the Food and Agricultural Code is
amended to read:
   7270.  The Legislature finds and declares all of the following:
   (a) The destructive impact of invasive and often poisonous noxious
weeds is profound, affecting California's cropland, rangeland,
forests, parks, and wildlands.
   (b) These pests cause enormous losses of private, state, and
federal resources through decreased land productivity, degradation of
wildlife habitat, and outright destruction of crops, livestock,
wetlands, waterways, watersheds, and recreational areas.
   (c) The estimated lost crop productivity caused by noxious weeds
is seven billion four hundred million dollars ($7,400,000,000)
nationwide, a large proportion of which is attributable to
California.  Nationally, the direct and indirect costs of controlling
noxious weeds may be as high as five billion four hundred million
dollars ($5,400,000,000) annually.
  SEC. 2.  Section 7270.5 is added to the Food and Agricultural Code,
to read:
   7270.5.  For the purposes of this article, "integrated weed
management plan" means an ecosystem-based control strategy that
focuses on long-term prevention of weeds through a combination of
techniques, such as biological controls, judicious use of herbicides,
modified land management, and cultural practices, and where control
practices are selected and applied in a manner that minimizes the
risks to human health, nontargeted organisms, and the environment.
  SEC. 3.  Section 7271 of the Food and Agricultural Code is amended
to read:
   7271.  (a) The Legislature designates the Department of Food and
Agriculture as the lead department in noxious weed management and the
department is responsible for the implementation of this article in
cooperation with the Secretary for Resources.
   (b) There is hereby created in the Department of Food and
Agriculture Fund the Noxious Weed Management Account.
   (c) Funds appropriated for expenditure by the secretary for
purposes of this article may be spent without regard to fiscal year
and shall be allocated as follows:
   (1) Eighty-five percent of moneys in the account shall be made
available to eligible weed management areas or county agricultural
commissioners for the control and abatement of noxious weeds
according to an approved integrated weed management plan.
   (2) Ten percent shall be made available toward research on the
biology, ecology, or management of noxious and invasive weeds.
   These research moneys shall be made available to qualified
researchers through a grant program administered by the department.
Proposals shall be evaluated in consultation with the Range
Management Advisory Committee, with emphasis placed on funding of
needs-based, applied and practical research.
   (3) Five percent shall be made available to the department, and
shall only be used for the following purposes:
   (A) Carrying out the provisions of this article.
   (B) Developing of noxious weed control strategies.
   (C) Seeking new, effective biological control agents for the
long-term control of noxious weeds.
   (D) Conducting private and public workshops as needed to discuss
and plan weed management strategies with all interested and affected
local, state, and federal agencies, private landowners, educational
institutions, interest groups, and county agricultural commissioners.

   (E) Appointing a noxious weed coordinator and weed mapping
specialist to assist in weed inventory, mapping, and control
strategies.
  SEC. 4.  Section 7272 of the Food and Agricultural Code is amended
to read:
   7272.  (a) To be eligible to receive funding from the Noxious Weed
Management Account pursuant to this article, a weed management area,
as defined in subdivision (b), shall be formed in a county or other
geographic area.
   (b) A "weed management area" is a local organization that brings
together all interested landowners, land managers (private, city,
county, state, and federal), special districts, and the public in a
county or other geographical area for the purpose of coordinating and
combining their action and expertise to deal with their common weed
control problems.  The organization shall function under the
authority of a mutually developed memorandum of understanding and
subject to statutory and regulatory requirements.  A weed management
area may be voluntarily governed by a chairperson or a steering
committee.
   (c) Not more than 10 percent of the noxious weed management funds
distributed to a weed management area subject to this section may be
used by that local organization for meeting, travel, administration,
and coordination costs.
   (d) Each weed management area within the state shall create a
cost-share integrated management plan for the management of noxious
weeds within that area.  The plan shall be submitted to the
department for review, approval, and funding.
   (e) The secretary and weed management areas shall consider the use
of the California Conservation Corp and local conservation corps to
assist in implementing integrated weed management plans pursuant to
this article.
  SEC. 5.  Section 7272.5 is added to the Food and Agricultural Code,
to read:
   7272.5.  (a) To be eligible to receive funding from the Noxious
Weed Management Account pursuant to this article, a county
agricultural commissioner shall submit a cost-share integrated weed
management plan to implement an aggressive control program for
noxious weeds.  The goals of the program shall include, but not be
limited to, all of the following:
   (1) Increase the profitability and value of cropland and
rangeland.
   (2) Decrease the costs of roadside, park, and waterway
maintenance.
   (3) Reduce the fire hazard and fire control costs in the state.
   (4) Protect the biodiversity of native ecosystems.
   (5) Maintain the recreational and aesthetic value of open space,
recreational, and public areas.
   (b) Funds dispersed pursuant to this section shall be allocated on
the basis of the total number of infested acres in each county and
the degree of infestation that exists in the counties, and shall be
only used for the following purposes upon submission of a plan
approved by county boards of supervisors and the department.
   (1) Operation of programs by the agricultural commissioner for
control of noxious weeds along county roads and other local
government owned property.
   (2) Matching funds for control of noxious weeds on city owned
streets, parks, rights-of-way, and other public areas.
   (3) Disseminating biological control agents by the county
agricultural commissioner for the long-term control of yellow
starthistle or other noxious weeds.
   (4) Abatement of noxious weed infestations on land vital to the
success of the program.
   (5) Not more than 10 percent of the noxious weed management funds
distributed to a local agriculture commissioner subject to this
section may be used by that commissioner for meeting, travel,
administration, and coordination costs.
  SEC. 6.  Section 7273 of the Food and Agricultural Code is amended
to read:
   7273.  (a) The department shall designate and provide staff
support to an oversight committee to monitor this article and shall
consider input from weed management areas, county agricultural
commissioners, and the Range Management Advisory Committee.
   (b) The membership of the oversight committee shall include an
equitable number of representatives from each of the following
interests:
   (1) Livestock production.
   (2) Agricultural crop protection.
   (3) Forest products industry.
   (4) California Exotic Pest Plant Council.
   (5) Research institutions.
   (6) Wildlife conservation groups.
   (7) Environmental groups.
   (8) Resource conservation districts.
   (9) The general public.
   (10) Local government.
   (11) The Department of Fish and Game.
  SEC. 7.  The sum of five million dollars ($5,000,000) is hereby
appropriated from the General Fund, and shall be deposited in the
Noxious Weed Management Account and shall be available for
expenditure without regard to fiscal year for purposes of expenditure
pursuant to Article 1.7 (commencing with Section 7270) of Chapter 1
of Part 4 of Division 4 of the Food and Agricultural Code.
